Tuesday, March 04, 2014

In response to a report of a shooting, officers arrived within moments at a location where approximately thirty persons had congregated. The officers' attention was drawn immediately to defendant, who appeared nervous and briefly ducked into an alley as others dispersed. Defendant walked away, keeping the marked patrol car in view, while the officers attempted to speak to him about the report. In response, defendant merely continued to walk away, looking back over his shoulder. One officer stepped out of the patrol car and asked defendant to stop. Defendant began to run, then discarded a handgun. We find the facts, when combined, established reasonable suspicion making the stop lawful. We therefore reverse the trial court's order suppressing the evidence. 02/26/24

The question presented is whether the term "youth serving organization," as defined in N.J.S.A. 2C:7-22, excludes organizations that work in cooperation with a public school and its staff to promote a school program. We conclude that such organizations are not excluded. 02/24/14